Deputy Chief Justice Raymond Zondo, delivering the Johannesburg-based Constitutional Court’s unanimous verdict, declared the law banning marijuana use in private by adults “is unconstitutional and therefore invalid”.
“It will not be a criminal offence for an adult person to use or be in possession of cannabis in private for his or her personal consumption,” he said, reading the ruling to cheers from the public gallery.
The court also ordered parliament to draft new laws within 24 months to reflect the order.
Outside pro-cannabis campaigners lit pipes and rolled joints to celebrate the news, filling the air with the distinctive aroma of marijuana.
“I’m happy I won’t be getting any more criminal records for possession,” Ruaan Wilson, 29, told AFP before pausing for a puff.
“Now we can get police to focus on real drugs and thugs,” he added, wearing shorts and dark sunglasses.